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Committee of the Whole Minutes 2012 07-10-12 APPROVED 8/28/12 MINUTES OF THE COMMITTEE OF THE WHOLE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JULY 10, 2012, 7:00PM Mayor Pro Tem Carlo Colosimo called the meeting to order at 7:00pm and led the attendees in the Pledge of Allegiance. ROLL CALL Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present City officials present: City Administrator Bart Olson, City Attorney Kathleen Orr, Community Development Director Krysti Barksdale-Noble, Director of Parks and Recreation Laura Schraw, Treasurer Bill Powell, Chief of Police Rich Hart, Code Official Peter Ratos, Deputy Chief Larry Hilt, Deputy Chief Don Schwartzkopf, EEI Engineer Brad Sanderson, Administrative Intern Jeff Weckbach Other Guests: Lynn Dubajic-YEDC, Steve Lord-Beacon News, Tony Scott-Kendall County Record, Jillian Duchnowski-Yorkville Patch. See also guest lists. Alderman Spears requested an amendment to the agenda and asked that Public Safety P2-2012-17 Animal Ordinance be moved forward. Alderman Colosimo made 2 statements on behalf of Mayor Gary Golinski. There is a vacancy on the Police and Fire Commission and applications are being accepted by the Mayor’s Office for consideration. Second, a clarification was made that the Evergreen Produce Stand on Fox Road is not associated with Evergreen Farms Development where bio-solids are being used. CITIZEN COMMENTS Fred DuSell of River’s Edge said the weather siren did not warn of recent severe weather. Kendall County Director of Emergency Management Joe Gillespie said the recent microburst came without warning and therefore the siren was not sounded. Minutes of the Committee of the Whole – July 10, 2012 – Page 2 of11 Elizabeth Copeland is a former volunteer with the Fox Valley Wildlife Center and is concerned for children in the County. She said “wild” animals should not be sold. Danelle Banez said she had cared for a wild animal after it was abandoned. She spoke on behalf of Pets One saying she had gotten an animal there and it was an excellent pet. Laura Kirk, intern at the Fox Valley Wildlife Center, received a wild fox from a pet store. For safety of people and eco-systems, wild animals should not be kept as pets. Sheri Rocen, , a teacherstated that the Pets One owners are very well-informed and educate their customers. She said the foxes they sell are raised for captivity and she supports this business. George Gilson, Jr. stated that he supports Pets One, has not been harmed by any animals there and they should be allowed to keep their exotic animals. Karolyn Krall, owner of Pets One, said the foxes in their possession are being re-wilded. The owners are trying to educate people and noted there are 4.7 million dog bites a year. She added that Yorkville Animal Hospital does vaccinate wildlife. Rebecca Wilhelmi, Friends of Kendall County Animals, is a certified dog trainer. She said her group does not believe that wild animals should not be sold, bought or owned. Cory Krall, Pets One owner, said the fox at the Wildlife Center is not wild, but has started to bite and has been removed from human contact. He said the fox does not understand why it is now being caged and being re-wilded. He said cornered animals will attack. He also said that his business goes to great length to educate people and he asked that people stop by his store rather than believing the negative comments being made in the community. His business sees 4,000 to 5,000 customers a month who put money into the local community and his customer base includes people from all over the country. Conservation police approve of his business operation and he asked the Council to please do research prior to any decision. Anna Payton, Kendall County Animal Control, said several calls are received each week about wildlife care and removal. Ms. Payton agreed there are many dog bites each year that must be reported, however, there are not as many wild animals in captivity and therefore no bite statistics. Ms. Payton also said wild baby animals are very different from grown ones. She asked the Council to be proactive in their decision. Ashley Flint, Director of Fox Valley Wildlife, said wild animals such as their teaching coyote are unpredictable. Pets One does educate, but if the City can prevent something bad from happening, they should take action. Michael Hamilton, Pulte Homes sales rep spoke on behalf of the B.U.I.L.D. Program and said his builder has taken more than half of the permits offered under the program. The program has been very successful and people choose Yorkville due to B.U.I.L.D. Minutes of the Committee of the Whole – July 10, 2012 – Page 3 of11 Jeff Fahle said he is a customer and supporter of Pets One and said they educate the public with their extensive knowledge. He said the pets were bred in captivity and any cornered animal can attack. In addition, Mr. Fahle is licensed to own wildlife. Terry Hancock, Community Education Manager for Naperville area Humane Society, said this is not a personal attack on Pets One, but said many people are not responsible pet owners with the animals being caught in the middle. They will not care for the animal for its lifetime. Laura Pawson, Kendall County Animal Control, said wild animals depend on people and cannot be re-released. Animal shelters will not accept them. PRESENTATIONS 1. Blackberry Creek Watershed Study Holly Hudson of Chicago Metropolitan Agency for Planning presented a slide show regarding the Blackberry Creek action plan goals for management and non-source point pollution. Some of the goals are to preserve open space, look at resources and protection of the water. Some funding is available for watershed plans and she offered assistance with any grant applications. She said a resolution of support is in the agenda packet and it has already been adopted by Kendall County, Elburn and Montgomery. Ms. Hudson said the Conservation Foundation had partnered with her organization. (out of sequence) PUBLIC SAFETY COMMITTEE 3. PS 2012-17 Animal Ordinance Alderman Spears asked to have this item on the agenda after receiving many complaints about the types of animals being sold at Pets One. She is concerned about safety for all residents. She acknowledged that Pets One educates their customers, however, she questioned whether most people really know how to care for such animals. She asked the Council to consider the welfare of customers patronizing this store. She recommended including in the City Code, animals which should not be sold or owned in the City. She suggested that Staff could contact other communities for info on exotic animals. Alderman Munns asked how it would be determined which animals may not be owned or sold. He asked if the Council would vote on each individual animal. The staff at Pets One is fantastic according to Alderman Gilson and he added that they are professional and educate their customers. He said people are sometimes not responsible with any kind of animal and wondered where the line would be drawn. He asked that the Council members visit the store prior to a decision. Pet ownership responsibility, the loss of public freedoms and too much regulation was pointed out by Alderman Funkhouser and he suggested no action at this time. Alderman Teeling said the Council should not be regulating this matter. She added that Pets One educates their customers very well and was surprised there were complaints. Minutes of the Committee of the Whole – July 10, 2012 – Page 4 of11 In an informal vote, Kot, Spears and Colosimo were in favor of having staff research the kinds of wild animals that could be owned or sold and bring that back to the Council. Alderman Teeling, Munns, Funkhouser, Milschewski and Gilson were not in favor of any further action. The consensus of the Council was to drop this matter. MINUTES FOR APPROVAL 1. May 15, 2012 Public Works Committee Alderman Gilson noted a correction on these minutes. Page 3, under “d”, should read “Alderman Gilson does oppose this..” Page 4, under “g”, last line should read ..”something in writing..” Alderman Gilson asked if there was an update available in regards to Alderman Milschewksi’s inquiry about the jail and Alderman’s Teeling’s request about the Riverfront, both from page 6. These minutes will be approved as amended on a motion by Kot and second by Spears. Voice vote approval. 2. June 12, 2012 Committee of the Whole Munns moved and Funkhouser seconded a motion to approve these minutes as presented. Voice vote approval. ECONOMIC DEVELOPMENT COMMITTEE ITEMS New Business: 1. EDC 2012-26 Downtown Business District A business owner has asked the City to create a business district downtown. Attorney Orr said that due to the extraordinary cost of redevelopment, the owner asked for the district, which permits an additional 1% sales tax for a hotel tax. A half percent tax was requested. Some of the buildings do not comply with lot lines and can then be considered to be blighted, qualifying them as a business district. The amount of sales tax would not be more than $20,000. Legal costs incurred will be deducted prior to the business district is in place so that citizens are not paying for this. Mr. Gilson said he is opposed to a TIF and believes the developer would gain a double subsidy. He questioned why the developer was not satisfied with the TIF. Attorney Orr explained that due to decreasing property values, the revenue it would generate would be minimal. It was noted the half percent only applies to prepared food products, not on groceries or drugs. Alderman Munns commented that this is a viable developer, however, the only people to pay extra tax will be those making purchases in the business district. He said the City needs to keep the [redevelopment] momentum going. Commenting on the half percent tax, Alderman Colosimo said it is unique that all the buildings in this business district are owned by one individual. But, he would support an increase in taxes under these circumstances since a significant investment has already been made. Minutes of the Committee of the Whole – July 10, 2012 – Page 5 of11 Alderman Spears cited the example of Harlem-Irving being granted a business district and they later left the area. There are no guarantees, but she felt Mr. Tollefson would continue doing business here. She asked if Countryside could be given a TIF/business district. She said many people will not shop at the Yorkville Kohl’s due to the higher tax. She said that would defeat the purpose of establishing a business district. She does not think she would support a business district or grant both a TIF and business district. Alderman Teeling said she would not vote on this matter since she works at Cobblestone. She asked if a business district could be removed at any time, which it can. Attorney Orr said if the matter moves forward, a date must be set for a Public Hearing. She explained the time frame of the required process. Alderman Spears noted a correction in the Resolution from “village” to “City” on page 2. The consensus of the committee was to move this item forward. Alderman Funkhouser and Alderman Teeling abstained. 2. EDC 2012-27 Land Cash Study Economic Development Director Krysti Barksdale-Noble said the City had a land appraisal study done and $30,000 per acre is the new value, which is 70% less than the current level. It was asked that the Council postpone any decision until the Park Board can review. Alderman Colosimo moved and Alderman Gilson seconded, to table this matter until the Park Board can make a recommendation. 3. 2012-28 B.U.I.L.D. Program Extension There have been 24 completed applications. Krysti Barksdale-Noble emphasized that no taxpayer money is used for this program. She said staff recommended 30 more permits be allowed under this program or until June 30, 2013 is reached. Alderman Munns noted that 4 residents moved and built in Yorkville as a direct result of the program and recommended the program for another year. Alderman Gilson voiced his opposition to the program and said that any money refunded to builders is taxpayer money. Builders will eventually come back to Yorkville based on demographics. He asked how it could be proved that the program is a success. An upward trend of building permits as compared to last year, was noted by Alderman Funkhouser. He said it is a good program though there may be other factors affecting. He would support this program moving forward. Mr. Kot said the program creates job and recommended another 30 permits. He said it has received positive publicity and helps the perception that Yorkville is a forward-thinking community. Alderman Milschewski asked how a $5,000 rebate affects the City budget. Ms. Barksdale-Noble detailed the various fee rebates and added that no additional staff money was spent. She emphasized that the program outpaced the normal number of permits issued per month. Without the program she said the City would have lost money and an increased tax base. She has received many calls about the program. Administrator Olson said the City has done a B.U.I.L.D. survey and builders have said the program works! Minutes of the Committee of the Whole – July 10, 2012 – Page 6 of11 Ms. Spears said she initially opposed the program but thanked Krysti for the initiative and would support it in the future noting the success. This item will move forward to the next consent agenda. 4. EDC 2012-29 Resolution Adopting the Blackberry Creek Watershed Action Plan The committee agreed to adopt this resolution after hearing the earlier presentation and this item will move to the consent agenda. PUBLIC SAFETY COMMITTEE ITEMS New Business 1. PS 2012-15 Resolution Adopting the Kendall County Multi-Hazard Mitigation Plan There was no discussion and a revised copy will move forward to the next Council consent agenda. 2. PS 2012-16 Lightning Detectors for City Parks There is currently a balance of $52,000 in a fund earmarked only for tornado sirens or lightning detectors, however, the money cannot be used for replacements or repairs. Staff has recommended spending $41,000 on additional lightning detectors. Ms. Schraw said the proposal is for one base station detector at Bridge Park and one at Raintree Park. The city has full coverage with tornado sirens and the next phase is for coverage with lightning detectors. Alderman Gilson asked if other bids had been requested in addition to the one from ThorGuard. No other bids were secured and Alderman Kot pointed out that the city has a history with ThorGuard. This company was also recommended by the Police Department. It was also noted that there is no cost-sharing with the schools at this time. Ms. Schraw will be meeting with the schools next week to discuss. Alderman Spears asked Ms. Schraw to determine the cost of the Guardian emergency notification system. Ms. Schraw also explained how the detectors work and Chief Hart added that the school district’s policy is to cease sports activities immediately when the detector is activated. Alderman Milschewski noted that the detector also picks up interference in a certain mile radius that may cause it to activate. The detector is guaranteed within a one-mile radius. A motion was made by Alderman Gilson to table this item back to Public Safety or C.O.W. Chris Funkhouser seconded. Gilson then withdrew the motion for additional discussion. In conclusion, Alderman Kot asked about the length of time it would take to obtain another estimate and also an answer from the schools. He cautioned that something could happen if there are continual delays. This item will move to the Public Safety agenda, not consent, at the next C.O.W. meeting. Minutes of the Committee of the Whole – July 10, 2012 – Page 7 of11 PUBLIC WORKS COMMITTEE ITEMS New Business 1. PW 2012-41 Jay Heap Appraiser Contract – Game Farm Road/Somonauk Street Project Administrator Olson said new appraisals are needed for the land acquisition required for this project. Mr. Jay Heap was present at the meeting and noted that his original contract was for $85,000 at which time all appraisals and reviews were done. At that time, only parcels at the Somonauk intersection were acquired per the engineer. The cost is now higher due to new federal and state guidelines, but funding is available. Alderman Colosimo said the appraisals are only valid for 6 months and the City needs to act. Other Aldermen agreed and this item will move forward to the consent agenda. 2. PS 2012-42 Road Maintenance Update Alderman Gilson asked to have this on the agenda ande hopes to secure more funds for maintenance. Alderman Kot remarked that residents are complaining about potholes and he asked if there is a repair schedule. It will be done on a complaint basis according to Mr. Olson. It was noted that remaining salt money can be used for patching, but requires th paperwork and resolutions. It would have to be voted on by July 24 and Mr. Olson suggested by waiting until spring, it would allow more time to prepare the paperwork. Alderman Colosimo also questioned if salt could be purchased at a lower price in the summer. Mr. Olson will discuss with Public Works Director Dhuse. 3. PW 2012-43 Capital Improvement Plan Alderman Gilson asked to have this on the agenda for review. Mr. Olson said the documents included are the plan from last year, analysis from the Finance Director regarding each project in the Plan and a sample capital improvement plan from another community. Staff will draft recommendations. Mr. Gilson asked about $225,000 in the Plan. It is earmarked for “safe route to school”, salt space, Rt. 34 bike trail, parkway tree planting program, tree landscaping. He also asked if the City tracks available funding. Certain projects such as shallow well sightings are dependent upon building permits. Mr. Olson also detailed other future projects and their costs. ADMINISTRATION COMMITTEE ITEMS New Business 1. ADM-2012-41 Contractor’s Registration and Licensing Committee Chair Spears said a resident had brought forth this item and asked the City to look into this for citizen protection. She said much staff time would be required. Alderman Colosimo said he is opposed to doing this as it may open the City to liabilities and gives false perception that the City approves a given contractor. Alderman Kot, Munns and Funkhouser agree with this opinion. Mr. Munns added that a resident can ask to see insurance and bond information. The committee consensus was to not move forward with this item. Minutes of the Committee of the Whole – July 10, 2012 – Page 8 of11 2. ADM 2012-42 Biosolid Application Alderman Gilson does not wish to allow biosolid application within the City limits. He said a biosolid is actually sewer sludge that contains contaminants. He quoted articles about biosolids and said he does not want to see Yorkville become a dumping ground. If IEPA awards a permit, the City cannot supersede this according to Alderman Colosimo. Mr. Gilson also said there have been complaints about the odor. Attorney Orr said there are ordinances for smells and that biosolids can be treated to eliminate odors. Since 1995 all annexation agreements have included verbage that states farms and the accompanying operations are a common part of living in Kendall County according to Mr. Olson. Gilson said the City does not have its own regulations for biosolids and Alderman Munns agreed that the City should try to take some sort of action to regulate this dumping. Ms. Orr said the City has a viable agriculture district so the argument would be to not recognize biosolids as a fertilizer and reasons would be necessary. Kot said he would like for the city to take some action, but the city cannot afford the legal bills. Ms. Orr said the City should determine if other cities ban biosolids as fertilizer. Currently there are no reported cases in Illinois or the surrounding states according to Ms. Orr. She said the Council must decide if they are willing to litigate because the city will be sued and would be the test case. Alderman Munns suggested that the City should change the ordinance and ‘put the ball in their court’. Ms. Orr stated the City would still incur costs. It was noted by Alderman Funkhouser that these types of products are actually sold in home stores for gardens. While it is treated, there is still some odor. Ms. Milschewski commented more research is needed. The general consensus was to do more research at this point and bring it back to the Administration Committee. Old Business: None MAYOR’S REPORT Old Business: 1. CC 2012-48 Home Rule Referendum Resolution Mayor Pro Tem Colosimo said there are only 3 spots available for referendums for the November election. The three current referendums being considered are: 1. Elimination of the Clerk as an elected position (to be appointed) 2. Elimination of the Treasurer as an elected position (to be appointed) 3. Home rule referendum Alderman Milschewski questioned if the Clerk and Treasurer can be considered as one. Ms. Orr commented that the current Clerk has 3 more years to her term. Minutes of the Committee of the Whole – July 10, 2012 – Page 9 of11 Mr. Colosimo asked Alderman Funkhouser to comment on the rec center committee he has chaired, since the rec center could possibly be considered for a referendum. The ad hoc committee met the night before this meeting and discussed a joint venture with the YMCA if the City were to purchase the rec center. That was decided against, however, a new joint venture at a facility was suggested. The cost would be $8 million with each party contributing half. It was noted that the contract with the rec center expires in June and a spring decision would be too late. Alderman Spears said she would like a binding referendum and allow residents to decide. She said people are frustrated because the City does not follow the citizens’ opinions. Bart Olson explained that a binding referendum would mean the City has the authority to carry out the decision. Mr. Olson said there are 2 ways to phrase the question on the referendum: 1. Money is being requested for entering into a partnership with the YMCA and then possibly restrict it later by building a facility with the YMCA 2. City want to build a rec facility and will raise taxes. If approved, the City could then go to the YMCA or build it alone. Alderman Munns commented that the City has engaged in talks with the YMCA prior to this and felt the City should run their own programs. Kot added that is why such a proposal was voted down—it was felt the YMCA would manage it, but the City would bear the liability. Alderman Funkhouser said this venture would expand opportunities. Alderman Teeling questioned what would happen if the 2 entities did not agree on the terms of managing the facility. She also commented that the irony is that having the referendum will actually raise property taxes if approved. She said that if the City keeps the rec center or gets rid of it, the taxes will not change. Alderman Colosimo said his concerns are the condition of the building, management, etc. He would like the residents to decide. Ms. Milschewski said the people should decide and further stated that the YMCA might become our competitor as they are looking at a new facility Alderman Gilson said the city could spend the same amount of money either continuing with the rec center as they could on a new facility. Cooperating with the YMCA would double the amenities and he added the YMCA could become the competition. Mr. Kot remarked that if the referendum does not pass, it should delay any sale of the old post office as it may be needed. It is also unknown if the rec center owners will want to negotiate with the City. There is a resolution for home rule and a decision is needed in 2 weeks to have it placed on the ballot. A final decision must be made and given to the County by August 16. Mr. Kot said home rule and rec center should be on November due to a greater voter turnout in that month with the national election. The other Aldermen agreed. Minutes of the Committee of the Whole – July 10, 2012 – Page 10 of11 It was noted there is no cost to put issues on referendum. Ms. Orr said if all 3 issues can be put on the referendum, it will be done. Mr. Colosimo added that perhaps the third issue on the ref should be if the rec center should be purchased without issuing further bonds and make it non-binding. 2. CC 2012-49 Ordinance Regarding City Council Procedures An ordinance is proposed to separate the comments section of Council meeting: one at any the beginning to discuss agenda items and the other at the end to discuss issues. Both would have a 5-minute time limit, however, the Council decided against the 5-minute time limit. Mr. Colosimo opposes the ordinance since it contains C.O.W. language and he is opposed to C.O.W. as it is rushed. Ms. Spears agreed and said that C.O.W. meetings require more staff preparation time. Ms. Milschewski agreed and said she would rather have 4 short meetings. Gilson also concurred. Ms. Teeling questioned whether Executive Sessions would be prior to the ending comments. It was thought comments would be prior. Alderman Kot suggested having Executive Sessions. prior to regular meetings since they are short and would eliminate late night meetings when decisions are being made. Milschewski and Munns moved and seconded to table this st item to the September 1 Council meeting. Voice vote approval. INFORMATIONAL ITEMS 1. EDC 2012-30 Building Permit for June 2012 2. EDC 2012-31 Building Inspection Report Summary for June 2012 3. EDC 2012-32 Property Maintenance Inspection Report for June 2012 4. PS 2012-18 Monthly Police Reports for June 2012 5. PW 2012-44 Windett Ridge Mowing 6. PW 2012-45 Storm Cleanup Update No discussion on above 7. ADM 2012-30 Verizon Cell Phone Proposal A proposal has been made to switch to smart phones and Alderman Munns asked how many employees really need them and what is the cost of switching providers. It would be evaluated each year according to Mr. Olson and the phones would be budgeted so all key employees have them. Munns said the monthly savings is apparent, but questioned all other charges that might be incurred. 8. ADM 2012-43 Grant Spreadsheeet No discussion. All items except #7, Verizon Cell Phone Proposal, will be moved to the consent agenda. The cell phone plan will be discussed further at the next Council meeting. A ninth item was added to the informational items. It is: 9. Whitewater Festival Due to low water conditions in the Fox River, Ms. Schraw said this event would be th postponed until September (after the 15). The BBQ and music will be held as scheduled. Minutes of the Committee of the Whole – July 10, 2012 – Page 11 of11 ADDITIONAL BUSINESS: Alderman Spears had the first 4 items for discussion: 1. Has anyone spoken with the YEDC regarding additional City members on the Board? Bart Olson said they will be discussing this in the future. 2. Are there any updates on the Countryside development and road closings? There are no further development updates, however, some of the roads will be closed with temporary barriers and the roads will be fixed. Alderman Teeling asked about the construction trucks parked there. A bank representative has notified the trucking company that it is private property. 3. Kendall Marketplace has a stop sign missing on the north/south road by Target. 4. Has anything been done about the faded road arrows by Rt. 47 and Countryside? Eric Dhuse will be consulted. 5. Alderman Gilson stated that Alderman Milschewksi had asked about the old jail progress. The Cultural Arts Committee has access to it for small repair jobs, but nothing substantial has been done. It is thought there is a little less than $5,000 left over from Halloween. Bart Olson will check further. 6. Alderman Munns asked who owns the property by the Moose and BP noting that it is full of potholes. It is owned by the Moose and Mr. Munns asked for a report from them. 7. The rusty caboose is still on Hydraulic and Alderman Munns asked about the plans for it. At this point it would be too expensive to move and it was suggested it be sold. 8. Treasurer Bill Powell said he had written a letter to the editor regarding choosing an energy supplier. He handed out a copy. There was no further business and Mayor Pro Tem Colosimo entertained a motion to enter into Executive Session. At 11:15pm it was moved by Alderman Teeling and seconded by Alderman Spears to enter into this session. Roll Call: Gilson-aye, Colosimo-aye, Milschewski-nay, Kot-aye, Munns-present, Funkhouser-aye, Spears-aye, Teeling-aye. Executive Session concluded at 11:36pm and the regular meeting resumed. Roll call back into C.O.W.: Teeling-aye, Spears-aye, Funkhouser-aye, Munns-aye, Kot-aye, Milschewksi-aye, Colosimo-aye, Gilson-aye The regular meeting was adjourned at 11:37pm on a motion by Alderman Milschewski and second by Alderman Teeling. Respectfully submitted by Marlys Young, Minute Taker